(Amended by Ordinance Nos. 174745, 176783, 180037, 182144, 183397 and 185397, effective July 6, 2012.)  No plat, site plan, building permit or public works project shall be approved unless the conditions of the plat, permit or plan approval requires installation of permanent stormwater management facilities designed according to standards or guidelines established by the Director and as specified in the Stormwater Management Manual.

A.    Applicability.  All development and redevelopment sites with the following triggers must comply with the standards of the Stormwater Management Manual:

1.  Creation of any new impervious area.  Sites with 500 square feet or more of impervious area must be managed for pollution reduction, quantity or flow control requirements as spelled out in this Section; or

2.  Modification to or construction of new areas with pollution generating activities of concern as identified in the Stormwater Management Manual.  These areas must be constructed with applicable onsite controls; or

3.  New connections or new drainage areas routed into the City’s sewer or drainage system under a City permit.  These connections most often are generated from decommissioning of private, onsite drainage or groundwater related systems.

4.  Temporary structures are exempt from pollution reduction and flow control requirements, except for specific instances called out in the Stormwater Management Manual.

B.  Exemptions. The requirements of this Chapter for stormwater management do not apply to:

1.  Development for which an application for development approval is accepted by the permitting agency prior July 1, 1999 shall be subject to the requirements in place at the time of application.

2.  Public or private development that does not result in impervious surface coverage or results in coverage that is de minimus in relation to discharge, such as fences, environmental enhancement projects, buried pipelines or cables, and utility lines.

3.  Impervious surface created by a stormwater management facility such as but not limited to headwalls, manhole or vault covers.  Paved or compacted gravel facility access and maintenance roads that extend beyond the facility itself, are not exempted from the management requirements of this Title.

C.  Appeals.  Any applicant for a permit or authorization aggrieved by a decision, interpretation, or determination made pursuant to this Chapter or rules adopted thereunder, including the Storwater Management Manual, may appeal such action in accordance with appeals processes specified in the Stormwater Management Manual.

1.  Provision for reasonable interpretation of the Stormwater Management Manual.  The Director shall establish an internal BES Administrative Review Committee and a BES Appeals Board.  The Chief Engineer of the Bureau of Environmental Services shall appoint outside members  to the BES Appeals Board.

2.  Applicants shall file appeals in accordance with the appeals process procedures specified in the Stormwater Management Manual.

D.  Maintenance of  Stormwater and Groundwater Management Facilities.

1.  All applicants for new development, redevelopment, plats, site plans, building permits or public works projects, as a condition of approval, shall be required to submit an operation and maintenance plan and the required plan cover sheet for the required stormwater management facilities for review and approval by the Director, unless otherwise exempted in the Stormwater Management Manual. A stormwater management facility that receives stormwater runoff from a public right-of-way shall be a public facility, and maintained by the City, unless the right-of-way is not part of the City road maintenance system.

a.  The information required in an operation and maintenance plan shall satisfy the requirements in the Stormwater Management Manual.  Applicants are required to submit the O & M recording form with the plan and are encouraged to use the O & M Plan template provided in the Stormwater Management Manual. The Plan shall include and not be limited to:

(1)  Design plans of the specific facility and related parts, including design assumptions; and

(2)  A schedule for routine inspection, including post storm related inspections; and

(3)  A description of the various facility components, the observable trigger for maintenance, and the method of maintenance, including appropriate method of disposal of materials; and

(4)  The intended method of providing financing to cover future operations and maintenance; and

(5)  The party or parties responsible for maintenance of the facility including means of effecting contact, including contact means for emergency situations. The party may be an individual or an organization.

b.  A maintenance log is required.  The log shall provide a record of all site maintenance related activities.  The log shall include the time and dates of facility inspections and specific maintenance activities.  This log shall be available to City inspection staff upon request.

2.  Failure to properly operate or maintain the water quality or quantity control facility according to the operation and maintenance plan may result in an enforcement action, including a civil penalty, as specified in Section 17.38.045, Enforcement.

a.  Property owners adjacent to green street shall not be responsible for routine maintenance of the stormwater management facilities. Property owners shall notify BES prior to making a utility connection across the facility.  Owners are encouraged to contact the Director if they feel a City crew facility maintenance visit is warranted.  Property owners are encouraged to perform the following tasks with BES approval:

(1)  Trash and debris removal (not including sediment)

(2)  Weed removal

(3)  Leaf pick up and removal

(4)  Removal of dead plantings

(5)  Watering of vegetation

(6)  Clearing inlets and outlets to allow stormwater to freely enter and exit the facility

b.  Adjacent owners wishing to modify facility plantings or encroach on facility structures must obtain authorization from the Director before commencing work.

(1)  Plant scheme modifications.  Alternative plant lists and/or planting plans will be required to modify facility plant schemes.  Written approval of plant modification plans must be obtained from the manager of the BES Revegetation program before green street facility plantings may be modified. 

(2)  Structural modifications.  Encroachments into public easements or public facility areas must obtain a permitted as required in Chapter 17.32 and the associated public works permit administrative rules.

3.  A copy of the operation and maintenance plan shall be filed with the Bureau of Environmental Services.  Staff may require a site map to be recorded and filed with the appropriate county Department of Assessment and Taxation.

E.  The Director may file instruments in county deed records to inform future property owners of regulations and conditions of approval related to the property as provided in this Chapter and associated rules, including the Stormwater Management Manual.